State v. Griswold
Supreme Court of Missouri
-Appeal from Greene Circuit Court. I. If it be necessary in a case like tliis to charge in the indictment the county where the offender was apprehended, it would be impossible to indict any one until he should have been first arrested for the offense. I. The defendant must have been in custody in Gjreene county at the time of the finding of the indictment, and the indictment is fatally defective in not averring that fact. (1 Rus. Or., 189 ; 2 Bish. Or.
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-Appeal from Greene Circuit Court. I. If it be necessary in a case like tliis to charge in the indictment the county where the offender was apprehended, it would be impossible to indict any one until he should have been first arrested for the offense. I. The defendant must have been in custody in Gjreene county at the time of the finding of the indictment, and the indictment is fatally defective in not averring that fact. (1 Rus. Or., 189 ; 2 Bish. Or. Pr., §§ 880, 882; 1 Id., % 78 (note 4); 2 Arch. Or. Pr., and PL, 1025 (note); Whart. Pr. Indict. 985 and note.)
1Opinion of the CourtWagner, Judge
The defendant was indicted by the Grand Jury of Greene county for the crime of bigamy.
The indictment charges, that defendant in October, 1863, in the State of New Jersey, married one Matilda Cosgrove, and that he afterwards left her and went to Wisconsin, where in March, 1870, his wife being still alive, he married Julia Harrington, and after he had married her, they both removed to the county of Laclede, in the State of Missouri, and there cohabited together.
Upon this indictment a capias issued, and the defendant was arrested on the same for the first time in Greene county. Upon being…
2Cited by2 opinions
- State v. FitzgeraldSupreme Court of Missouri · 1882
- McBride v. GraeberCourt of Appeals of Georgia · 1915